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European Union Intellectual Property Office introduces new official fees as of 23 March 2016

Intellectual Property Update

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17 MAR 2016

On 23 March 2016, OHIM (which from that date will be known as the European Union Intellectual Property Office (EUIPO)) is introducing a new one-fee-per-class-system for trademark applications and renewals of Community trademarks (which from that date will be known as European Union Trade Marks (EUTMs)). The new system will be accompanied by a new fee structure.

Whereas renewals become substantially cheaper, the fees will rise for trademark applications containing 3 or more classes. Trade mark owners who usually file in 3 classes or more may wish to file any planned applications before the changes come into effect.

Provided applicants make use of the electronic filing and renewal system, the new official fees for filing and renewing standard trademark applications are as follows:

Official filing fees

Number of classes

New official filing fees

Old official filing fees

1 class

€850

€900

2 classes

€900

€900

3 classes

€1050

€900

Additional classes

€150

€150

Official renewal fees

Number of classes

New official filing fees

Old official filing fees

1 class

€850

€1350

2 classes

€900

€1350

3 classes

€1050

€1350

Additional classes

€150

€400

Any Community trademarks expiring on or after 23 March 2016 where the renewal fees have been paid prior to 23 March, will benefit from a refund of the 'excess' fees given that the renewal fees will decrease on that date. However, to the extent that renewals are due after this date, our advice would be to wait to file the renewal application until after 23 March, as it is likely to be less administratively burdensome to simply pay the lower fees (rather than pay the higher fee, and then have to claim a refund).

It is also worth noting that, under the new fee structure, renewals must be requested by the date of expiry and not the end of the month during which expiry occurs (as is the position currently).

For more information about this change or for our updated fixed fee trade mark fee schedule, please contact [email protected].

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DLA Piper is a global law firm with lawyers located in more than 40 countries throughout the Americas, Europe, the Middle East, Africa and Asia Pacific, positioning us to help clients with their legal needs around the world.